85R7581 AJZ-D     By: Klick H.B. No. 4095       A BILL TO BE ENTITLED   AN ACT   relating to safety requirements of assisted living facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 247, Health and Safety   Code, is amended by adding Sections 247.0263 and 247.0264 to read as   follows:          Sec. 247.0263.  LIFE SAFETY CODE TECHNICAL MEMORANDUM.  (a)     At least twice each year, the commission shall issue a technical   memorandum providing guidance on the interpretation of minimum life   safety code standards prescribed under this chapter and by   commission rule.  The technical memorandum must include guidance   regarding any new standard proposed or adopted by the executive   commissioner under Section 247.026 that is essential to the safety   of the residents of an assisted living facility and not otherwise   required by this chapter.          (b)  The commission shall solicit comments from interested   parties and experts to determine any additional minimum standards   that need to be addressed in a technical memorandum issued under   this section.          (c)  The commission shall post the technical memorandum on   the commission's Internet website.          (d)  A technical memorandum issued under this section is   legally binding and must be followed by a person conducting a life   safety code survey under this chapter.          Sec. 247.0264.  ACCESSIBILITY STANDARDS. Accessibility   standards of assisted living facilities are governed by the Texas   Commission of Licensing and Regulation in accordance with Chapter   469, Government Code.  The executive commissioner may not adopt   rules governing the accessibility standards of assisted living   facilities.          SECTION 2.  The heading to Section 247.027, Health and   Safety Code, is amended to read as follows:          Sec. 247.027.  INSPECTIONS; WAIVER.          SECTION 3.  Section 247.027, Health and Safety Code, is   amended by adding Subsection (c) to read as follows:          (c)  A municipal fire marshal may grant a waiver for a   violation of a life safety requirement or fire safety standard   cited in the commission's final official statement of violations   after an inspection conducted under this section provided the   waiver will not have any adverse effect on the safety of the   residents of the assisted living facilities.          SECTION 4.  Subchapter B, Chapter 247, Health and Safety   Code, is amended by adding Section 247.0273 to read as follows:          Sec. 247.0273.  LIFE SAFETY CODE. (a)  The executive   commissioner by rule shall specify an edition of the Life Safety   Code of the National Fire Protection Association to be used in   establishing the life safety requirements for an assisted living   facility licensed under this chapter.          (b)  The rules adopted under Subsection (a) must specify an   edition of the Life Safety Code of the National Fire Protection   Association issued on or after January 1, 2012.          (c)  This section expires September 1, 2021.          SECTION 5.  Subchapter D, Chapter 247, Health and Safety   Code, is amended by adding Section 247.071 to read as follows:          Sec. 247.071.  LOCAL CERTIFICATE OF OCCUPANCY. The   commission shall recognize a certificate of occupancy or other   approval issued by a municipality or county indicating that a   structure complies with all building, fire, and health requirements   of the municipality or county, as applicable.          SECTION 6.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt the rules necessary to implement   the changes in law made by this Act.          SECTION 7.  This Act takes effect September 1, 2017.